SECTION 1. TEMPORARY WORK, TEMPORARY AGENCY WORK AND HIRING OUT

Article 11ter Employment Contract Act offers the opportunity to replace an employee whose employment contract has been suspended for another reason than lack of work for economic reasons, bad weather conditions, strike or lockout. Apart from that there are a number of employment schemes which can also offer a solution to a temporary lack of personnel, more specifically the employment contract for the performance of temporary work, temporary agency work and the hiring-out of employees.

This matter is regulated by the Law of 24 July 1987 regarding temporary work, temporary agency work and the hiring-out of employees on behalf of the user, and Collective Agreement No. 108 of 16 July 2013 concluded in the National Labour Council regarding temporary work and temporary agency work.

TEMPORARY WORK

Temporary work is the activity that is carried out on the basis of an employment contract and whose aim it is to see to the replacement of a permanent employee or to meet with a temporary increase in the work load or to carry out an exceptional task.

An employer cannot use the system of temporary work if the suspension is the result of a lack of work for economic reasons or bad weather conditions.

The employment contract for the performance of temporary work is concluded for a fixed term, for a specified task, or to replace a permanent employee.

The contract must be laid down in writing, at the latest, at the time the employee commences work. The reason for the replacement and, if applicable, the duration of the agreement, must be included in the contract. In the absence of a document the rules of open-ended employment contracts apply.

However, in such a case the employee can terminate the contract within seven days of the commencement of employment without giving notice or paying compensation.

Barring a conflicting contract, the first three days are considered to be a probationary period. Until the expiry of that period each of the parties may terminate the contract without notice or compensation.